Chapter 9

The ten-minute break had stretched to twenty before Henry

and the panel finished going over their notes to make sure they

had brought out everything that Mark, the university attorney,

had advised.

Diana and Janet were called back and Diana began the

cross examination of her department chair, Lyle Stone.

She asked him first to confirm a sentence written in his

memo to the dean and which he had testified to before the break.

"Yes," Lyle answered, "I did write in the memo to the dean

and also testified that I gave you all of the documents used

in the handwriting analysis."

Diana held up several sheets of paper from the evidence packet

on the table. "I have found documents dated nearly twenty years ago

in this material the committee has introduced as that sent to the document

examiners. These were not in the material that you gave me.

So your assertion that I was given all of the documents is incorrect."

Henry searched quickly through his copy of the evidence

that had been sent to the document examiners as standards.

Good God, he thought. What is this creature doing?

Come on Lyle, don't let her get the best of you.

Ah, much better, Henry observed happily to himself as Lyle

started tap dancing around her question. Instead of yes or no,

he would repeat at length some of his previous testimony with

added embellishments and avoid answering.

By persistent questioning, Diana established that he had stapled

her brief note to one of the `suspect' SmurFFs before it was sent

out for analysis. But it was like pulling teeth. He kept reiterating

that it was stapled to a `suspect' evaluation, so it would not get lost.

Patiently, she repeated her question, finally wearing him down.

"Were the document examiners given this evaluation with the note

stapled on it as one of the `fictitious' critiques?"

"Yes, they identified that critique as having been written by you."

"No distinction between the note and the critique was given them--

according to their report, is that correct?"

"I guess so, yes."

Using a sketch of the NERD office, Trenchant ran Lyle back

through his previous testimony of how the blank critiques,

the SmurFFs, were given out, how they were collected

and what happened to them afterwards.

From her intimate knowledge of the operation, she was able to

reveal most of the lies he had told of this process when the

committee was questioning him.

Jane was listening carefully. Slowly, there evolved the information

that this whole evaluation process was sloppy and unreliable.

That it had indeed, been this way for years. Given that,

she thought, how could he claim that such a high reliance

was put on SmurFFs when assessing faculty for reappointment?

Lyle admitted that students had scant desire to complete SmurFFs.

They considered it a useless effort since little or no attention

had been paid in the past to their comments.

"To force compliance," he explained, "students were told

that unless their name had been checked off on a list in

the secretaries' office, they could not receive their grade

for the course from the dean's office. Most students bring

in completed evaluation forms, place them in the box provided

and check off their names. Some merely come in and check off

their names, eschewing the forms," he finally admitted

with obvious reluctance.

This certainly puts a different light on things, Jane noted

as she jotted down the information being squeezed out of Lyle

by Diana. She carefully registered in neat script:

1. That the blank SmurFFs were left out in the open for days,

sometimes weeks so any body could have had access to them

2. That the completed SmurFFs left in the box, supposedly by

radiology students, were separated and given to each instructor;

the course critiques went to Ian and Randy

3. No tabulation of the number of critiques was carried out

4. Anyone could come in (etc.)

5. Since the critique form (etc.)

6. Most of the submitted critiques were not dated

The accused was left out of course planning meetings when

Ian and Randy met with Lyle, contrary to what he had just

told the committee.

None of the documents he had sent to the analysts contained

anything detrimental to Ian Heathson, as claimed in his memo

to the dean. She re-read what he'd written in the memo,

"These fictitious student critiques were very detrimental

and personally injurious to two junior faculty members."

Under Trenchant's quietly relentless cross examination, Lyle

became flustered. First he claimed that perhaps his language had

not been perfect in that phrase but what he meant was that,

"manipulation of critiques in general would be detrimental

to any faculty member."

Trying to bring him to the point, Trenchant read from

a signed, dated student critique that had not been deemed

`suspicious' by Lyle. It had been submitted during the same

period as the `questioned' critiques.

"Quote: `I think Randy needs to be more than one page ahead

of the class in understanding the material. How can you teach

what you do not know? I was also offended by the so-called

anthropological function' (he gave) `of the female breasts.

I am familiar with some of the literature which support the

statement in the handouts,' (in a lecture, Randy had emphasized

that the primary function of the female breast was to attract a

mate) `but was not aware that THE NAKED APE, PENTHOUSE MAGAZINE,

PLAYBOY MAGAZINE and so forth were regarded as competent medical

school publications. The underlying tragedy of this incident

is that it demonstrates the ease with which non-scientific

hypothesis are disseminated without any thought. This, I think,

is a poor reflection on the department and the faculty.' Unquote."

Diana continued, "This is what I would call personally

injurious but I do not see this student critique among

the `suspicious' ones--the ones sent out for analysis."

Henry started to sweat along with Lyle who was becoming

increasingly uncomfortable, his tone hostile. He dodged

and refused to answer directly a question asking if he always

sent suspicious critiques for handwriting analysis, claiming

that in this case, one of his junior faculty had asked him to.

Jane picked up on an item of special importance, and extremely

relevant, underlining it several times on her note pad.

Because of the negligent handling of the critique process,

there was no authentic chain of custody maintained! In addition,

neither the SmurFFs alluded to as `suspicious' nor the so-called

handwriting standards were ever authenticated.

According to the testimony she had just heard, each of the

so-called `suspicious' critiques had been discovered when the

finder was alone. Furthermore, Lyle could give no proof that

any of the `suspicious' SmurFFs he claimed were found,

had ever been placed in the return box provided for the students.

In fact, except for the few critiques that were signed,

there was no evidence that any of the nearly two hundred

uncontested critiques relating to the radiology course were

even submitted by the radiology students!

Jane was simply astounded. In all of Lyle's testimony, he had

offered no witnesses or evidence that could confirm his testimony

that students had been manipulated by the accused. Witchcraft

was insinuated, but never proven.

Henry was rapidly becoming unglued. Noting Lyle's declining control

and fearing an incipient outburst, Henry interrupted and declared

that they would now take a lunch break. How could that idiot sit there

and let himself give away that kind of detail on how SmurFFs were handled

in his department? Henry knew that this was having a deleterious effect

on the panel and he knew that he'd better set things straight while

there was still a chance to cover up.

Wild Justice · 第 9 / 41 章